ELR Citation: 56 ELR 20078
No(s). 26-cv-00862-NYW-SBP (D. Colo. Jun 8, 2026) (Wang, J.)

A district court granted in part and denied in part a motion to preliminarily enjoin construction of a transmission line in Nebraska. Environmental groups, an Indian tribe, and companies owning real estate that would be affected by the proposed construction alleged the line would "slice through the fragile Nebraska Sandhills and irreversibly destroy many iconic Tribal, historic, and cultural landscapes, artifacts, and resources." They argued the Advisory Council on Historic Preservation's (ACHP's) guidance regarding Executive Order No. 14156, which declared a national energy emergency, and authorization to use emergency alternative National Historic Preservation Act (NHPA) procedures violated the NHPA, its implementing regulations, and the APA, and that FWS' actions in authorizing the Nebraska Public Power District (NPPD) to use emergency NHPA procedures based on the Executive Order and issuing an incidental take permit (ITP) for the project violated the NHPA, its implementing regulations, and the APA. The court found ACHP did not act arbitrarily or capriciously in issuing the guidance, but that plaintiffs demonstrated a substantial likelihood of success on their claim that FWS violated the APA, the NHPA, and its implementing regulations in approving the project. It enjoined FWS' approval for NPPD to use the alternative compliance process and all actions it took pursuant to that approval, including issuance of the ITP.